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through our civilian system of justice. under u.s. law united states citizens cannot be tried in military commissions. >> michael: even after that announcement, republican senator, lindsey graham just wouldn't let it go and held a press conference to criticize the decision. >> the ability to talk to individuals who may know about terrorist organizations plotting our future demise is a long-held concept under the law of war. i'm asking this administration to leave on the table the option if the evidence warrants to designate this individual as an enemy combatant. >> michael: despite his protestations, tsarnaev will be tried as a civilian. the charges against him are very serious. the u.s. attorney charged him with, quote . . . the complaint cites video evidence showing, dzhokhar tsarnaev placing a backpack at the scene and then crossing the street with a cell phone in his left hand. he surveyed the crowd including the 8-year-old boy who died. he takes a picture of the scene holds the phone to his ear, and 18 seconds later the bomb went off. joining us now
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